Bankstown motor vehicle accident lawyer: does CTP cover you?

In NSW, a motor accident is generally an incident involving the use or operation of a motor vehicle that causes an injury. You don't need to have been driving, or even in a vehicle. A pedestrian, a cyclist, a pillion passenger and a bus passenger can all be injured in a motor accident. For accidents from 1 December 2017, the Motor Accident Injuries Act 2017 sets the rules.

Physical contact isn't always required. A rider who swerves to avoid a car that pulls out, or a pedestrian who falls leaping clear of a vehicle, may still have a claim against that vehicle's insurer. These claims rely heavily on evidence, so witnesses and footage matter even more than usual. If the vehicle didn't stop, a different claim path applies, which the car accident claim page explains.

Electric bikes are generally treated like pedal bikes for this purpose, so if a motor vehicle hit you on one, you claim against that vehicle's insurer. E-scooters are less settled. A car that hit you on a scooter still carries a Green Slip, but expect questions about where you were riding and the type of device. Check before accepting a refusal.

Where a shared path crosses a driveway or a car park entry, bikes and cars meet at an angle drivers don't always check. If a car pulling in or out hit you there, you may have a claim against its insurer. Photograph the path markings, any give-way signs and the view the driver would have had.

A pedestrian hit by a car, truck, bus or motorbike claims against that vehicle's CTP insurer. You don't need a car or a licence. Drivers must keep a lookout for pedestrians, yet blame doesn't always sit with the driver alone. An insurer may argue you contributed, for example by crossing against the lights, which can reduce some later entitlements without stopping the claim.

When a driver says you stepped out suddenly, video from a shop, a bus or a council camera may show otherwise. Ask the owner in writing to keep it, giving the date, time and exact spot. Do it quickly, or have someone do it for you while you recover, because many systems record over within days.

Arguments in rider claims tend to centre on where the bike was and whether it was visible. Lane position, moving between lanes of slow traffic, headlights and the driver's sightline all come up, and the road rules for motorcycles are detailed. Write down what you were doing and where, as precisely as you can, and have someone who knows those rules look at it before you accept a fault finding.

When a pothole, oil or loose gravel is the only reason a rider came down, there is usually no other vehicle's Green Slip to claim against. The rider's own bike insurer may still pay statutory benefits. Any complaint about how a road was maintained sits outside CTP, with its own rules and time limits, so get advice early if that's your situation.

Heavy-vehicle crashes often draw in more people than a car crash: an operator, perhaps a separate trailer owner, a company that loaded the truck, and other drivers. Your injury claim still starts in one place, the CTP insurer of the vehicle at fault. Questions about the other parties can wait, and a lawyer can look at them if a damages claim follows.

Injuries from a crash with a heavy vehicle are often serious: fractures, head injuries and injuries to the spine. Medical evidence needs to cover every injury, and early legal advice can be worth having because more parties and more records are involved. That doesn't mean you need a lawyer to lodge, only that the file can become complex.

Rideshare and taxi drivers are in a different position from their passengers. Many rideshare drivers are engaged as contractors rather than employees, which can make CTP their main path after a crash: statutory benefits from the at-fault vehicle's insurer, or their own vehicle's if they caused it. It depends on the actual arrangement, so have it checked before lodging.

Food and parcel delivery puts riders on busy roads for long hours. When a car hits one, the claim may go to that car's CTP insurer. A rider working as an employee at the time usually claims workers compensation first, so the details of the arrangement matter. Platform insurance, where it exists, has its own terms and doesn't necessarily replace either claim.

For crashes involving trucks, buses and rideshare cars, the operator may hold records you don't: onboard cameras, telematics, trip logs and driver hours. They aren't kept forever. Note the company, the route or fleet number and the time, and ask early. For passengers, a trip receipt or card record shows you were on board.

• Helmet, handlebar or dashcam footage, saved as the original file
• The vehicle's registration, company name or route number
• Your damaged helmet and gear, kept unrepaired
• Names and numbers of witnesses who stopped